I have a question about a loan of 10,000.00. I lent my

Customer Question

I have a question about a loan of 10,000.00. I lent my daughter's boyfriend the money as a down payment on a house they share-- he was suppose to put her on the deed-- he never put her on it. This was 3 years ago. If I had him sign a promissory note now (it's been over 3 years) -- will I be able to put a lein on the property?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Has anything been filed or reported?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: no

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If I had him sign a promissory note now (it's been over 3 years) -- will I be able to put a lein on the property?

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No, the promissory note would just mean that he agrees to repay you $XXXX. It would have to accompany a mortgage or deed of trust in order to create a lien on the property.

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And for what it is worth, if there was nothing in writing about repaying the loan, then the statute of limitations on enforcing it is only 2 years in CA. See CA Civil Code 339